• Commercial papers are one of the most important tools of the contemporary monetary market, and many of those who deal with them are ignorant of the Shariah rulings related to them, hence the urgent need to know the most prominent Sharia rulings related to commercial papers, including the discount. It is an agreement between the bank and its customer requesting the discount (the holder of the commercial paper) under which the bank is required By accelerating the value of the paper to the customer, in exchange for the latter’s obligation to transfer the ownership of the fixed right in the paper to the bank by endorsing it to him as a transfer of ownership.
• The noble Islamic Sharia does not prohibit dealing in commercial papers in principle, but on the contrary. It establishes the principle of writing and fixing debts in certain formal papers and documents, but nevertheless, this Sharia stipulates that the process of discounting commercial papers, whatever its form, is commission, interest or wages, because it leads to the realization of usury.
And in this research, we will shed light, God willing, the definition of discounting commercial papers, its types, what the discount is subject to and its returns, then the legal position of the discount agent and the trends of some jurists in finding jurisprudential exits for the permissibility of discounting commercial papers.
المنافسة التجارية في التشريع العراقي
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